Was my visa refused?

[Roel 7,193]

It's hardly offensive. The most important thing they look at is your reason to return to your country of residence - and you have none. Hence, visa refused. They don't want you to become "digital nomad" in the US.

[Ben&Zian 4,398]

1 minute ago, Robbie said:

I didn't look at it from the perspective of "not going back" to be honest. I thought being somewhere for longer than you can is just a crime like any other and that didn't even come to my mind.

 

Again best bet is just applying again from Poland whenever you return. This is in no way an argument with you; just pointing out the facts and details that probably led to the refusal again,

 

Hopefully it all works out for you though.

[Robbie 1]

1 minute ago, Roel said:

It's hardly offensive. The most important thing they look at is your reason to return to your country of residence - and you have none. Hence, visa refused. They don't want you to become "digital nomad" in the US.

But why would I need to return to my home country? Can't I just move to another country? There are really many people who live like that and I'm not even very intensive traveller comparing to some. I just like travel for several months in row, but never stay in one place for too long. These rules make wrong assumptions about me.

[Randyandyuni 2,682]

it could also be that they perceive since you are meeting co-workers that the purpose of your visit is work which is precluded under a visitor visa

[Mollie09 1,543]

1 minute ago, Robbie said:

But why would I need to return to my home country? Can't I just move to another country? There are really many people who live like that and I'm not even very intensive traveller comparing to some. I just like travel for several months in row, but never stay in one place for too long. These rules make wrong assumptions about me.

It's not the rules that have to understand you, it's the other way around.

[Robbie 1]

Also, isn't the main reason for these refusals the potential illegal work? And that's not the case for digital nomads, they have their legal jobs already, not looking for other.

[Roel 7,193]

1 minute ago, Robbie said:

But why would I need to return to my home country? Can't I just move to another country? There are really many people who live like that and I'm not even very intensive traveller comparing to some. I just like travel for several months in row, but never stay in one place for too long. These rules make wrong assumptions about me.

Well, if you have a way to become a legal resident in France (I don't know the rules on that) then you can apply from France.

 

US immigration won't bend rules for you..

1 minute ago, Robbie said:

Also, isn't the main reason for these refusals the potential illegal work? And that's not the case for digital nomads, they have their legal jobs already, not looking for other.

It was one of the reasons. But "lack of ties to your country" is the biggest reason for refusal. Next to you applying from the country where you're just a tourist.

[geowrian 22,338]

Apply from a country where you have strong ties. That's the best way to be approved, although a recent refusal will work against you.

Nothing's "offensive" with the policy or decision towards "digital nomads". The US sets its immigration rules. If one's lifestyle doesn't fit well into that design, then it's just not compatible...the US has no obligation to accommodate a tourist's lifestyle.

The EU has nothing to do with obtaining a US visa.

 

1 hour ago, Robbie said:

Another reason is that I said that the company will pay for my trip, I just thought it's a better answer, but it's probably not. The woman even asked me things like "how much will they pay you?" like it had any connection to my trip. I am working from my own country, remotely, I just happen to go and meet these people.

47 minutes ago, Robbie said:

And you also seem to don't get the idea of the remote work, just like the woman at the embassy. Welcome to the XXI century.

As noted above, working remotely is a gray area. What you believe should be permitted is not the same as what the law currently says. It's possible the CO thought you would be crossing the line into unauthorized work. Right or not, that's a decision they are allowed to (and must) make.

 

26 minutes ago, Robbie said:

But why would I need to return to my home country? Can't I just move to another country? There are really many people who live like that and I'm not even very intensive traveller comparing to some. I just like travel for several months in row, but never stay in one place for too long. These rules make wrong assumptions about me.

The idea is you must leave the US and return abroad. It doesn't have to be your "home" country.

The law has a presumption of immigrant intent that must be overcome. You can say those assumptions are wrong, but that's the law and presumption every tourist visa applicant has to deal with.

Edited August 23, 2018 by geowrian

[Robbie 1]

5 minutes ago, Roel said:

Well, if you have a way to become a legal resident in France (I don't know the rules on that) then you can apply from France.

Do you have any proof that you can't apply from a country where you are just a tourist?

[Robbie 1]

Thanks guys for giving me some perspective to how they see it.

 

However, remote IT work is a gray area only for people who don't know how it works. It's 100% legal and done by millions of people globally. Freelancing is no longer perceived as anything exotic. I guess...

[cdneh 3,112]

8 minutes ago, Robbie said:

Do you have any proof that you can't apply from a country where you are just a tourist?

You have.  It's called a denial.

[Roel 7,193]

3 minutes ago, Robbie said:

Thanks guys for giving me some perspective to how they see it.

 

However, remote IT work is a gray area only for people who don't know how it works. It's 100% legal and done by millions of people globally. Freelancing is no longer perceived as anything exotic. I guess...

It's not as much about your job, but the fact that NOTHING stops you from staying in the US and living there. Since nothing ties you back to Europe.

[Randyandyuni 2,682]

5 minutes ago, Robbie said:

Thanks guys for giving me some perspective to how they see it.

 

However, remote IT work is a gray area only for people who don't know how it works. It's 100% legal and done by millions of people globally. Freelancing is no longer perceived as anything exotic. I guess...

freelancing in the US is quite common and quite legal as long as your are legally allowed to work

[geowrian 22,338]

15 minutes ago, Robbie said:

Do you have any proof that you can't apply from a country where you are just a tourist?

You can apply, but it is not advised to do so. This is stated on almost every country's portal for a US visa. A quick search shows the same wording on this issue on numerous official sites, with those having the "new" visa application portal not always having it in their FAQ section.

 

http://www.ustraveldocs.com/ch/ch-gen-faq.asp

http://www.ustraveldocs.com/lb/lb-gen-faq.asp

http://www.ustraveldocs.com/jp/jp-gen-faq.asp

"Applicants are generally advised to apply in their country of nationality or residence. Any person who is legally present in [xyz country] may apply for a visa in [xyz country]. However, applicants should decide where to apply based on more than just convenience or delay in getting an appointment in their home district. One thing to consider, for example, is in which consular district the applicant can demonstrate the strongest ties. "

 

8 minutes ago, Robbie said:

However, remote IT work is a gray area only for people who don't know how it works. It's 100% legal and done by millions of people globally.

It's legal in some countries, sure. Is it legal in all? Possibly not. Do people do it anyway? Yes. Is it legal in the US? Lawyers have argued this both ways for years without a conclusive result.

Edited August 23, 2018 by geowrian

[Crazy Cat 42,236]

27 minutes ago, Robbie said:

I didn't look at it from the perspective of "not going back" to be honest. I thought being somewhere for longer than you can is just a crime like any other and that didn't even come to my mind.

The vast majority of B2 visa refusals is due to lack of ties to home country. Being a "digital nomad" did not help your case.  Additionally, doing work inside the US that a US citizen or a legal resident who is authorized to work could do is unauthorized (illegal) work.......

You MUST show strong ties to your home country or country of residence which would compel you to return before the end of your authorized visit to the US.